COUNTY OF NASSAU v. ROJAS


49 A.D.3d 487 (2008)

856 N.Y.S.2d 124

COUNTY OF NASSAU, Respondent, v. HUGO ROJAS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 4, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

In the early morning hours of July 16, 2004, the defendant was driving along Old Country Road in Nassau County when the police stopped him for several traffic infractions. After observing the defendant and administering a breathalyzer test, the police arrested him on a charge of driving while intoxicated. At the time of the arrest, the police legally parked the defendant's car at the scene and...

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